A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 12, 2008, the Defendant was issued a summary order of KRW 2.5 million by the Seoul Eastern District Court as a crime of violating the Road Traffic Act.

On October 26, 2019, the Defendant: (a) around 09:59 on October 26, 2019, from the Defendant’s house located in the Gyeonggi-si B, to the Government-si of the same day, “Art. Complex 1” from the Defendant’s house to the Government-si of the same day, and (b) was under the influence of alcohol 0.047% from the 5km section to the road, thereby violating the obligation of prohibiting drunk driving twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking;

1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports (A) and investigation reports (attached to the same summary order);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant again commits the crime of this case even though he had the same criminal record, the same criminal record has long been committed, the degree of blood alcohol and alcohol of the defendant, the age, character and conduct and environment of the defendant, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as circumstances after the crime, shall be determined as ordered.